Delhi HC refers pleas on noise pollution at airport to green tribunal

The Delhi high court on Tuesday referred to National Green Tribunal (NGT) a batch of petitions alleging that noise pollution generated by aircrafts at the IGI airport is affecting health of the residents of nearby areas.

NEW DELHI: The Delhi high court on Tuesday referred to National Green Tribunal (NGT) a batch of petitions alleging that noise pollution generated by aircrafts at the IGI airport is affecting health of the residents of nearby areas.

"Considering the provisions of the Environment Protection Act, the Environment Protection Rules and Noise Pollution (Regulation and Control) Rules as also the definition of noise pollutants given in the Air (Prevention and Control) of Pollution Act, it can hardly be disputed that these petitions involve a substantial question relating to environment," said a bench of Chief Justice D Murugesan and Justice V K Jain.

"If the noise level in Vasant Kunj, Brijwasan and other areas in the vicinity of Terminal-III of IGI Airport exceeds the limits laid down in the schedule, that would be substantial question relating to environment and also amounts to violation of provisions of the Environment Protection Act. Thus, these petitions fulfill the twin requirements of section 14 of the NGT Act," the bench said.

The court's order came on the PILs filed by the residents of Vasant Kunj, Bijwasan and Indian Spinal Injuries Centre (ISIC), a super-specialty hospital located near the airport.

The petitioners said the government should take necessary measures to mitigate noise pollution caused by aircraft.

Seeking quashing of the government clearance to DIAL for construction of a runway at the IGI airport, the residents and ISIC alleged the noise created by the planes disturbs the residents as well as the patients in the hospital which is violation of their fundamental rights to life and liberty.

Referring to runway number 29, the petitioners alleged that noise created by aircraft, flying at a height of 200ft to 300ft at the time of landing, is disturbing the patients and also affecting health of the residents.

"As a result of the thrust of the planes, patients constantly suffer from immense noise pollution created by the planes ... sleeplessness is on regular basis. Even doctors performing surgery have complained," the hospital had said in its plea.

The hospital sought HC's intervention claiming noise created by planes are usually between the range of 75 decibel to 94 decibel, and is "clearly beyond the stipulated standards laid down under the Noise Pollution (Regulation and Control) Rules, 2000".